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Spousal Maintenance: Confronting the Emotion
In negotiations, as in mediation, many divorce attorneys find spousal maintenance to be one of the most difficult areas of conflict to resolve. This may be because spousal support often represents something entirely different for each spouse, and for each couple: Is maintenance meant to compensate for pain and hurt when the other party is leaving the marriage or having an affair? Is maintenance required to reimburse one party for past contributions to the career of the other party or to the family? Is maintenance viewed as an entitlement to one party or a source of guilt or failure to another? Was spousal support part of the “social contract” created within the family, which determined that one parent would stay home with children? Or were the parties never able to agree on such a social contract in the family during the marriage but one parent stayed home anyway? Is maintenance a source of anger because the receiving spouse is not working to his or her full “potential”?
As divorce attorneys, we know there are so many more variations, and that most couples do not have the same underlying view of maintenance; therefore, they have difficulty coming to a resolution in negotiations. There are certainly the legal, statutory factors to consider in negotiations; we can compare and contrast cases and discuss each factor and how they might be resolved by a judge, but such discussions are usually devoid of the real feelings the parties have about spousal maintenance. Thus, the parties never seem to find a resolution that does not feel thrust upon them. It is akin to discussing “grounds” for divorce in New York, when each statutory “ground” never really matches the couple's reasons for separating, but the couple is forced to accept a ground to obtain a divorce nonetheless. The law must be discussed and considered; nevertheless, I would argue that helping the parties to express and understand their underlying feelings about spousal support, with both parties present in a room together, could help the parties proceed to settlement with far greater ease.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.